HBA-DMD, ATS H.B. 1432 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1432
By: Grusendorf
Public Safety
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Texas law requires adult and juvenile sex offenders to register their names
and addresses with the Department of Public Safety (department) and local
police departments. Any person is entitled to obtain the criminal history
records of sex offenders from the department. This information may be
obtained by a written or electronic request. The department is authorized
to charge a fee for each request. Prior to the 76th Legislature, the
department charged more for written inquiries than for inquiries submitted
electronically through its website. Requests submitted through the website
cost less because electronic submissions require less time and labor to
handle than written requests. 

H.B. 1432 prohibits the Department of Public Safety from charging for
processing an electronic inquiry for sex offender registration information
if requested through the Internet.  This bill also deletes public
information from the type of information for which the department is
authorized to charge a fee for processing an inquiry from a person who is
not primarily a criminal justice agency. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 411.001, Government Code, by adding Subdivision
(4), to define "Internet" as the largest nonproprietary nonprofit
cooperative public computer network. 

SECTION 2.  Amends Section 411.088, Government Code, as follows:

(a) Deletes public information from the type of information for which the
Department of Public Safety (department) is authorized to charge a fee for
processing an inquiry from a person who is not primarily a criminal justice
agency.  Provides an exception in Subsection (b).  Makes conforming
changes. 

(b) Prohibits the department from charging for processing an electronic
inquiry for information described as public under Article 62.08 (Central
Database; Public Information), Code of Criminal Procedure, made through the
use of the Internet.   

SECTION 3.  Emergency clause.
            Effective date: upon passage.